TERMS & CONDITIONS 

By using homemadehealthymeals.com and/or purchasing from HomeMade Healthy Meals, you agree to abide by and be subject to these terms and conditions and the other policies of HomeMade Healthy Meals.

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE HOMEMADE HEALTHY MEALS STORE SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.

OUR GUARANTEE

Our food is prepared in a certified, licensed, sanitary, professional kitchen. We prepare your meals fresh and deliver to your home in airtight, sealed, microwavable/oven-safe, and containers. We guarantee that your meals will stay fresh throughout the whole delivery week (i.e., 7 days after the normal delivery date - example Wednesday to Wednesday), provided you follow our simple handling instructions once your meals are delivered. If any of our products do not remain fresh with proper handling during the guaranteed freshness period, please contact one of our customer service representatives.

ORDERING

Orders may be placed online at www.homemadehealthymeals.com or via phone at 805-439-3292. As our meals are prepared to order and made from scratch each week, all orders are due on/by date specified on website, for that week’s delivery. All orders must be paid in full prior to the weekly order deadline.  Please check all order and delivery information carefully when placing your order as well as your order confirmation.  Notify customer service immediately if there is an error.  Multiple orders placed in a single purchase transaction shall be considered a single order for shipping purposes, unless such orders have different shipping addresses, in which case, each such order's delivery address and/or date shall be considered a separate order for shipping purposes. We are not responsible for errors in orders or delivery due to your profile selections, information or delivery instructions (e.g., name misspellings, incorrect or incomplete address information, lack of phone number), or changes made to your profile after the weekly order deadline has passed. Account profile food preferences or allergen selections do not apply to A La Carte orders.

Changes made to food preferences and allergen information in profiles will be applied to future purchases and also to future delivery weeks for existing orders, but may not be reflected in your upcoming current delivery week. Changes made after a weekly order deadline (i.e., Thursday night) will not be reflected in that week’s deliveries.

Changes to shipping addresses in profiles will be applied to future purchases only, and will not be automatically applied to future delivery weeks for existing orders from previous purchases. To change the shipping address for a future delivery week for an existing order from a previous purchase, please contact Customer Service 1-805-439-3292. 

PAYMENT

Payments are due at time of order.  Your credit card will be charged for full balance of Invoice upon submitting order.

Gift Vouchers purchased from HomeMade Healthy Meals can be used at checkout in lieu of, or in addition to, a credit card.

In cases where a check or cash must be used for payment, HomeMade Healthy Meals will be contacting you, the customer, regarding payment.

Please note we reserve the right to have payment in full or a deposit on file to fulfill orders.

If you order the weekly recurring Chefs Meals. You will be charged weekly for your purchase no later than 3 days before delivery.

In regards to recurring payments, if you need to have a specific date when your credit card is charged please contact us directly.

HomeMade Healthy Meals accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full balance of Invoice upon ordering. Taxes, delivery fees may apply and vary.

Any bank fees incurred from a client with insufficient funds or a cancelled check will be charged to the client for the full amount with a $25.00 processing fee.

We reserve the right to refuse service to anyone.

CANCELLATIONS AND ORDER CHANGES

You may cancel or change an order for a future (non-current) delivery date at any time up until the cut off delivery date (i.e., 4 days before the scheduled delivery date). As we purchase the ingredients and prepare the meals especially for your order from scratch each week, cancellations and order changes are not permitted for current delivery date orders (i.e., within 4 days of the scheduled delivery date). All cancellation requests must be made in writing by emailing us at info@homemadehealthymeals.com.

If you place an order for a multi-week plan or place an order using a promotional price discount or offer, and you receive any of the meals from such order, and then you subsequently cancel your order for the remaining future (non-current) delivery dates, you shall be charged the standard undiscounted weekly price for the plan or meals and other items delivered (including any for the current delivery date), and you shall be credited/refunded any balance remaining. For example, if you purchase a 13-week plan using a promotional discount, and after nine weeks cancel your order for the remaining future (non-current) delivery dates, you would be charged for nine 1-week plans at the standard 1-week plan price, and you would be credited any balance remaining. 

REFUNDS/CREDITS

Perishable products are not able to be returned.  HomeMade Healthy Meals provides credits only in the case of damaged, spoiled, or incorrect orders. We do not provide credits for meal that is disliked. Except as otherwise described herein, any and all refunds or partial refunds will be issued as a credit to your HomeMade Healthy Meals account to be used for future purchases. 

DELIVERY

HomeMade Healthy Meals delivers locally to San Luis Obispo County.  HomeMade Healthy Meals products, as fresh, are perishable and require refrigeration immediately.  All deliveries will be made using the information provided by you in your profile or in accordance with your special delivery instructions.  We are not responsible/liable for any damage or errors made by the delivery service and/or acts of nature.  However, we will work with you to resolve your claims or disputes with the delivery service due to damaged meals, undelivered packages, acts of nature, or any negligence on the part of the delivery service. Deliveries to business addresses require special shipping instructions and refrigeration is required; please contact customer service for any delivery requests to business addresses.  All meals will be delivered once per week.

Please contact customer service to provide any special delivery instructions.  It is your responsibility to secure your pets.  If you live in a gated community, you are responsible for giving us your gate code, or notifying the guard station so our delivery driver may access the community.  In the event our driver is prevented from completing a delivery due to unsecured pets or inability to access a gated community, you may request that our driver make a second delivery attempt.  We reserve the right to charge additional delivery fees for second delivery attempts and for deliveries with consistent issues.

GIFT CERTIFICATES/VOUCHER

Unless otherwise specified, gift certificates/voucher may be applied to any purchase of products or services offered by HomeMade Healthy Meals.  Gift Certificate/Voucher may not be combined with other discounts and coupons unless specifically stated.  Gift certificates/voucher may not be redeemed for cash.  Gift Certificate/Voucher is valid for purchases through HomeMade Healthy Meals only. No cash back, any remaining balance will remain on Gift Voucher until used or may be credited to account. Gift certificate purchases are final and non-refundable. Gift Certificate/Vouchers are valid for One Year (1) from purchase date.

ALLERGENS

HomeMade Healthy Meals recognizes that certain foods may cause allergic reactions in some people.  Your safety is important to us.  It is your responsibility to make sure you have marked your account preferences clearly for Meal Programs and checked for any food items on the menu that may cause allergic reactions.  We prepare our meals in a kitchen that also prepares meals that contain potential allergens.  In addition, traces of potential allergens may be found in the ingredients and other food items received from our suppliers. 

·        If you have a life-threatening allergy please refrain from ordering any HomeMade Healthy Meals.

·        Our meals are produced in a facility that also handles eggs, seafood, gluten, dairy, soy, shellfish, nuts, or tree nuts or other potential allergens.

·        All of the information provided in and through the Website is intended solely for general information and should NOT be relied upon for any particular diagnosis, treatment, or care. This website is not a substitute for medical advice. The website is only for general informational purposes.

·        The information contained on this Website is not a substitute for medical advice or treatment, and HomeMade Healthy Meals strongly encourages patients and their families to consult with qualified medical professionals for treatment and related advice on individual cases.

·        Decisions relating to the prevention, detection and treatment of all health issues should be made only after discussing the risks and benefits with your health care provider, taking into account your personal medical history, your current situation and your future health risks and concerns.

·        If you are pregnant, nursing, diabetic, on medication, have a medical condition, or are beginning a health or weight control program, consult your physician before using products or services discussed on this website, or making any other dietary changes.

MEDICAL

THIS IS NOT MEDICAL ADVICE. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing. HomeMade Healthy Meals is not offered or intended to treat, mitigate or cure any type of disease, sickness or weight problem and should not be used as a substitute for sound medical advice.

OTHER

While we use all reasonable efforts to use local fresh ingredients, HomeMade Healthy Meals is not, and we do not claim to be, entirely organic.  In the event we are not able to source or use an organic ingredient, we will use reasonable efforts to use all-natural ingredients as a substitute.  The meals, nutritional suggestions, dietary programs and other products and services offered by HomeMade Healthy Meals are not intended to be medical advice. They are not offered or intended to replace vitamins, pre/post-natal supplements, medications, or nutritional recommendations provided to you by your medical provider.  HomeMade Healthy Meals shall not be responsible or otherwise liable under any circumstances for any illness or health problem that may result from the consumption of its prepared foods, meals or other products. Consult your healthcare provider before taking nutritional supplements or beginning any diet or exercise program.  The information on this website is intended to be used for informational purposes only.

CORRESPONDENCE/COMMUNICATIONS

When you visit HomeMade Healthy Meals or sign up for meal deliveries from HomeMade Healthy Meals, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, HomeMade Healthy Meals may deliver communications (including legal notices) to you at the street address provided in your HomeMade Healthy Meals membership account. Finally, HomeMade Healthy Meals may deliver communications to you by any means set forth in any other HomeMade Healthy Meals policy or notice published on the Website. 

·      To contact HomeMade Healthy Meals:

E-mail:   homemadehealthymeals.com

Phone:   1-805-439-3292

Address:   HomeMade Healthy Meals

              P.O.Box 4711

              San Luis Obispo, CA 93403-4711

 

PRODUCTS

Product availability, product descriptions and product prices are subject to change by HomeMade Healthy Meals at any time without prior notice. Some product descriptions and product images are provided to HomeMade Healthy Meals by its vendors. HomeMade Healthy Meals does not independently verify the accuracy of such product descriptions. HomeMade Healthy Meals makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Also, consult your physician or other qualified health provider before beginning any dietary program. You assume all risks arising from your use of any dietary program or instructions provided through the Website, including purchase from the WebSite.

ELIGIBILITY

This website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ORDER ACCEPTANCE AND SHIPPING

All orders submitted through the Website or by calling Customer Service are subject to acceptance by HomeMade Healthy Meals at its location. HomeMade Healthy Meals will issue an electronic confirmation of order receipt. Confirmation of order receipt does not constitute acceptance by HomeMade Healthy Meals. HomeMade Healthy Meals may accept an order in a written acceptance or by processing payment for or fulfilling the order. Products will be delivered only to San Luis Obispo County Residents. Neither HomeMade Healthy Meals nor any vendor will be responsible for fulfilling orders that cannot be delivered because of incomplete or inaccurate billing or shipping information.

INITIAL ORDER

If you place your initial order prior to the Delivery cutoff date notated on the website ( example...Sunday at 5pm), you agree to receive your first order that same week. Therefore, if you change your mind and your order cannot be stopped, you agree to accept the initial order.

RECCURRING ORDERS

For clarity, our Recurring Program is one contract between you and HomeMade Healthy Meals for the reccurring delivery of our products rather than a series of separate contracts. All plans are automatically renewed each week. Reccurring charges will be processed every Sunday evening after the 5:00 pm deadline. You will be billed weekly the standard price listed on our website plus delivery if applicable. This charge will be for the following week's delivery. If you do not wish your plan to renew automatically, you must contact HomeMade Healthy Meals at 805-439-3292 or email info@homemadehealthymeals.com prior to our posted deadlines.

DEADLINES

All customers have until Sunday at 5pm PST (subject to change). If you request to hold or cancel after our deadlines you will receive one final delivery of our program. Because we offer fresh entrees we cannot allow entrees to be refused or returned.

SCHEDULE CHANGES

You are able to place your reccurring order on vacation hold or cancel your orders as long as your requests are made within HomeMade Healthy Meals deadlines. Placing your order on a vacation hold could deactivate any ongoing coupons you might have used. Any requests to cancel a program after HomeMade Healthy Meals posted weekly deadline will result in your agreement to render payment for and  accept/receive your final shipment.

MENU CHOICES

HomeMade Healthy Meals makes every reasonable effort to deliver items you've requested for your order. Please note that product availability may change without notice. HomeMade Healthy Meals reserves the right to substitute a similar item in your order, based upon your approved entrees.

PRICE AND PAYMENT

Product prices are subject to change from time to time by HomeMade Healthy Meals without prior notice. The price charged by HomeMade Healthy Meals for any product will be the price listed for such product in the WebSite catalog at the time an order is submitted to HomeMade Healthy Meals. Product prices do not include delivery fees unless noted or sales taxes. HomeMade Healthy Meals will add delivery  charges to your order if applicable. If HomeMade Healthy Meals is required to collect sales tax from you, HomeMade Healthy Meals will also add sales tax to your order. Orders must include current, valid credit card information. By submitting an order to purchase products through the WebSite, you authorize HomeMade Healthy Meals to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.

REFUND POLICY

Because we offer a customized fresh perishable program, we cannot accept returns or permit delivery cancellation for any reason after deadlines for changing your next week's orders. If there are errors on your order you need to contact Customer Service to arrange a credit to your HomeMade Healthy Meals account for incorrect meals shipped.

PAY IT FORWARD

The " PAY IT FORWARD" program is a simple way for us and our customers to give back to the community. We are not a non-profit. Currently this is not tax deductable. 

When you purchase a gift voucher for someone you know they will be sent an email with a Voucher ID Number which can be input at the time of checkout to pay for their order.  These vouchers and receipts are sent via email. Please contact us if you need the voucher send via Postal Mail.

Buying Gift Vouchers for the Low Cost Meals Program and Homeless is possible online. Choose the Program name for your recipient and insert your email address (for the recipient email address). You will receive an email or a phone call from HomeMade Healthy Meals. This Voucher ID Number will not be valid. Instead, we will direct the gift to the program of your choice. We will send you verification of who received your help. In addition, we know there are many programs in our community that could use the help. So if you have a program that you would like to gift meals to, just contact us and we will make it happen. Furthermore, you will always be contacted to find out whether you would like your name on the purchased meals or if you would like to remain anonymous.

LIMITATION OF LIABILITY

The liability of HomeMade Healthy Meals and its owners, officers, employees, agents, successors or assigns (the "HomeMade Healthy Meals Parties") to any purchaser or any other person for any claim arising in connection with a purchase through the WebSite shall be limited to actual damages in an amount not to exceed the purchase price paid to HomeMade Healthy Meals for the product or transaction from which the claim arises or to which it relates. In no event shall any of the HomeMade Healthy Meals Parties be liable to any purchaser or to any person claiming by, though, under or on behalf of purchaser, for any indirect, special, punitive, incidental or consequential damages regardless of the legal theory on which such damages are claimed and whether or not any of the HomeMade Healthy Meals Parties were advised of the possibility of such damages.

MODIFICATION

These WebSite Sales Terms may be modified from time to time by HomeMade Healthy Meals without prior notice.

LIMITATION ON CLAIMS

Any claim or action that any party may have arising from or related to use of the WebSite or any purchase made through the WebSite must be filed within 90 days after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.

REVERSED CHARGES

Customer agrees if they dispute a charge with their credit card company to pay any charge back costs incurred related to reversed charges as well as the initial charge the customer is disputing. Customer is well advised that HomeMade Healthy Meals does not offer refunds, only account credit.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TERMS

Your use of this site signifies your acceptance of these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this site. These Terms and Conditions may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms and Conditions periodically for changes. Your continued use of the site following the posting of changes will mean you accept those changes.

This site is owned and operated by HomeMade Healthy Meals dba All Natural Now, LLC (together with its officers, directors, agents, employees and affiliates, the “Operator”)

This site does not provide any medical advice. The contents of this site, including the text, graphics, images, information obtained from the Operator’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”) and other material are to be used for informational purposes only. Nothing stated or presented on this site or any link provided by this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, etc.

DISCLAIMERS AND LIMITATION OF LIABILITY

Users of this site (“User”) expressly agree that use of this site is at User’s sole risk. Neither the Operator, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.

The Operator does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

THIS SITE IS PROVIDED BY OPERATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF HOMEMADE HEALTHY MEALS ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL OPERATOR OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF OPERATOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPERATOR’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OPERATOR, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Operator or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

ONLINE CONDUCT

You acknowledge that all Content posted, emailed or otherwise transmitted to or on HomeMade Healthy Meals and HomeMade Healthy Meals social media pages (Facebook, Twitter, Google+, Instagram, Pinterest, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as set forth below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website. Please refer to HomeMade Healthy Meal’s Privacy Policy on our website, the terms of which are included herein by reference, for the provisions governing use of our website.

WEBSITE TERMS OF USE

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account or create a false or misleading identity on this Website. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from HomeMade Healthy Meals third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.

RESTRICTIONS ON USE OF WEBSITE 

Unless otherwise specified, HomeMade Healthy Meals grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of HomeMade Healthy Meals. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HomeMade Healthy Meals without our express written consent. You may not use any metatags or any other hidden text utilizing HomeMade Healthy Meals's name or trademarks without the express written consent of HomeMade Healthy Meals. Any unauthorized use terminates the permission or license granted by HomeMade Healthy Meals. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray HomeMade Healthy Meals, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HomeMade Healthy Meals logo or other proprietary graphic or trademark as part of the link without our express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use our Website, you are solely responsible for maintaining the confidentiality and security of your account and password. You agree to accept responsibility for all activities that occur on or throughout your account. HomeMade Healthy Meals and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion in the event improper activity in violation of these Terms and Conditions is suspected or detected. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your HomeMade Healthy Meals account; (b) notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password; (d) take responsibility for all charges resulting from use of your HomeMade Healthy Meals account, including unauthorized use prior to your notifying HomeMade Healthy Meals of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (e) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.

LINKS TO OTHER SITES

This site may reference or link to third-party sites throughout the World Wide Web. HomeMade Healthy Meals (hereafter referred to as “Operator”) has no control over these sites or the content within them. Operator cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal, and/or inoffensive. Operator does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using this site to search for or link to another site, you agree and understand that you may not make any claim against Operator for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

INDEMNITY

You agree to defend, indemnify, and hold HomeMade Healthy Meals harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against HomeMade Healthy Meals, and that no liability may attach HomeMade Healthy Meals in case of such violation by you.

 

ALL PURCHASES FROM THE WEBSITE AT HOMEMADEHEALTHYMEALS.COM ARE SUBJECT TO THESE SALES TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE WILL NOT BE ABLE TO ACCEPT YOUR ORDER. THE WEBSITE IS OPERATED BY HOMEMADE HEALTHY MEALS DBA ALL NATURAL NOW, LLC ("OPERATOR").

BINDING AGREEMENT. These are the Terms and Conditions which also contain billing terms for HomeMade Healthy Meals. HomeMade Healthy Meals provides its services to you subject to these Terms and Conditions (whether while ordering on the website or as provided via telephone). By ordering any of our meal plans or using the HomeMade Healthy Meals site (www.HomeMadeHealthyMeals.com), you agree to be legally bound and abide by these Terms and Conditions, just as if you and HomeMade Healthy Meals had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers.

APPLICABLE LAW

This site is created and controlled by HomeMade Healthy Meals in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. HomeMade Healthy Meals reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

ARBITRATION AGREEMENT

Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.

COPYRIGHTS

Copyright HomeMade Healthy Meals (homemadehealthymeals.com) 2014. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to HomeMade Healthy Meals [or its content suppliers] and are protected by United States and international copyright law. HomeMade Healthy Meals enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Terms and Conditions